Case Note & Summary
The petitioner, Kamaraj, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court challenging an order dated 23.02.2026 passed by the Tahsildar (2nd respondent) in Na.Ka. No.1530/2018/AA1, which directed the removal of encroachments on a public road. The petitioner claimed that his residential house was situated on a dead-end road and that his constructions did not obstruct other residents. He expressed willingness to purchase the portion of the road he had encroached upon. The respondents, including the District Collector, Tahsildar, and local panchayat officials, opposed the petition, stating that the road was a public street and that the petitioner had encroached beyond his land. They noted that the enforcement action was initiated pursuant to a direction from this Court in WP.No.31758 of 2018 dated 15.02.2024. The court held that it cannot issue any direction regarding the purchase of public property and that once encroachments are identified on a public road, even if it is a dead-end road, no person can encroach upon such land meant for public usage. The court found no perversity in the enforcement action and dismissed the writ petition, allowing the authorities to proceed with removal of encroachments. No costs were awarded, and connected miscellaneous petitions were closed.
Headnote
A) Public Law - Encroachment on Public Road - Dead-End Road - Petitioner encroached on a dead-end public road; authorities issued notice for removal. Court held that even a dead-end road is public property and no person can encroach upon it. Writ court cannot direct sale of public land. Enforcement action for removal is valid. (Paras 4-5) B) Constitutional Law - Writ Jurisdiction - Article 226 - Purchase of Encroached Land - Petitioner sought to purchase the encroached portion of the public road. Court held that writ court cannot issue any direction regarding purchase of public property. (Para 4)
Issue of Consideration
Whether a writ petition challenging a notice to remove encroachment on a public road, including a dead-end road, is maintainable and whether the petitioner can seek to purchase the encroached portion.
Final Decision
The writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. Authorities are free to proceed with enforcement action for removal of encroachments.
Law Points
- Public road encroachment cannot be regularized by purchase
- writ court cannot direct sale of public land
- dead-end road remains public property
- enforcement action for removal of encroachment is valid
